Attorney
General’s Division of Criminal Justice
Charges Former State Employee with Defrauding
Homelessness ProgramIndictment
Charges Former DCA Field Representative
With Attempting to Bilk $83,000 From State
Program...Three
Individuals and Four Private Corporations
Plead Guilty to Theft and Official Misconduct
Charges

TRENTON
— Attorney General Peter C. Harvey
today announced that a former Department
of Community Affairs (DCA) Senior Field
Representative, along with two other North
Jersey residents, have been charged in
a 14-Count State Grand Jury indictment
with devising and participating in a scheme
to defraud the DCA out of more than $83,000
in public monies earmarked for a housing
program that prevents individuals and
families from becoming homeless.

“With
this indictment, we are continuing our
investigation and prosecution of fraud
and bribery in a state-operated program
geared to help individuals and families
stay in their homes and off the streets,”
said Attorney General Harvey. “The
allegations under investigation include
obtaining public resources through fraudulent
means, covering-up the illegal conduct,
and tampering with evidence and witnesses
to thwart the Division of Criminal Justice
investigation. This indictment follows
the guilty pleas of these persons who
are cooperating in our investigation of
housing fraud in the Department of Community
Affairs.”

Attorney General Harvey noted that the
Department of Community Affairs reported
the suspected criminal activity to the
Division of Criminal Justice when program
officials uncovered questionable applications
and related transactions involving the
Union County Homelessness Prevention Program
(HPP). The DCA provided administrative
resources and investigative assistance
to the Division of Criminal Justice throughout
the investigation.

"The
Homelessness Program helps families in
desperate financial straits stay in their
homes while they regain economic stability,"
said DCA Acting Commissioner Charles A.
Richman. "It is disgraceful that
there are people who find ways to profit
from the misfortune of others. Since discovering
and reporting these offenses to the Attorney
General, we have implemented measures
to secure the program from abuse."

According to Vaughn L. McKoy, Director,
Division of Criminal Justice, the State
Grand Jury indictment charged Robin Wheeler-Hicks
(a former DCA-Union County Senior Field
Representative), 46, Park Place, Elizabeth,
Union County, Tashime Mitchell, a/k/a
Tashima Mitchell, 32, Chestnut Avenue,
Irvington, Essex County, and Renita Livingston,
32, Avy Street, Hillside, Union County,
with conspiracy, bribery in official and
political matters, official misconduct,
theft by deception, misapplication of
entrusted property, tampering with public
records or information, falsifying or
tampering with records, perjury, false
swearing, tampering with witnesses, hindering
apprehension or prosecution and tampering
with or fabricating physical evidence.
(See indictment for specific charges lodged
against each defendant.)

The State Grand Jury indictment alleges
that Wheeler-Hicks, Mitchell, and Livingston
conspired to defraud the DCA out of more
than $83,000 by falsifying dozens of applications
for financial benefits made available
through the Homelessness Prevention Program.
The program provides grants to eligible
individuals and families who, through
no fault of their own, are in jeopardy
of becoming homeless. The program provides
money to pay rent to keep a family in
a current home and provides applicants
with initial rent and a security deposit
for a new residence if they have been
evicted. In order to obtain benefits,
an applicant must demonstrate income sufficient
to maintain a residence after the grant
is exhausted. Applicants must also provide
background information on household members,
income, and other financial information.

The investigation determined that Wheeler-Hicks,
as the Senior Field Representative assigned
to the HPP in Union County, had responsibility
for processing HPP cases in that county.
It is alleged that Wheeler-Hicks used
her official position to obtain pertinent
information regarding HPP candidates and
that she allegedly created more than 23
fictitious HPP claims with a total value
of $83,596 and submitted the false applications
to Trenton for payment to purported applicant
landlords. The indictment charges that
the fraudulent applications reported that
the applicant was temporarily homeless
due to a fire and, to support the claim,
the applications attached a fire report
from the Elizabeth Fire Department. Subsequent
investigation determined that the Elizabeth
Fire Department reports were fictitious.
As a result of the investigation, the
Department of Community Affairs removed
Wheeler-Hicks from her position as a Field
Representative in August, 2004.

The indictment also charges that Wheeler-Hicks,
aided by Mitchell and Livingston, along
with other accomplices, including program
applicants and alleged landlords, falsified
HPP applications by indicating that applicants
were fire victims. It is alleged that
Mitchell and Livingston provided other
false information (e.g. employment information,
address and landlord information, expense
information, etc.) in certain applications.
It is also alleged that Wheeler-Hicks
accepted money from the accomplices in
exchange for processing HPP applications.
The indictment also charges that Mitchell
and Livingston manufactured evidence,
attempted to influence the testimony of
another witness. The indictment alleges
that Mitchell perjured herself before
the State Grand Jury.

On Sept. 28, the Division of Criminal
Justice - Special Prosecutions Bureau
filed criminal Accusations, and obtained
guilty pleas, from three individuals and
four privately-held corporations identified
as co-conspirators in the criminal fraud.
The individual defendants, charged with
theft by deception, were identified as:

Each
of the corporations named in the Accusation
were owned by defendant Carletta Smith.
The corporate defendants each pleaded
guilty to a charge of official misconduct.
They are identified as:

C&C Financial Group LLC,
16 South Ave., Cranford, Union County;

CCB Investments LLC,
16 South Ave., Cranford, Union County;

Jonah Investment Group LLC,
16 South Ave., Cranford, Union County;

96 Eaton Place LLC,
16 South Ave., Cranford, Union County.

The Accusations and guilty pleas, entered
before Mercer County Superior Court Judge
Maria Marinari Sypek, require the defendants
to pay full restitution of $33,859 to
the DCA. At the time of the plea, Lisa
Smith Foster was admitted into PTI. Carletta
Smith will forfeit her CPA license and
she and the corporate defendants will
forfeit $101,577. Monica Smith will receive
probation. Sentencing for the individual
and corporate defendants is scheduled
for April, 2006.

The State Grand Jury indictment was handed-up
to Mercer County Superior Court Judge
Linda R. Feinberg, the Assignment Judge
in charge of the State Grand Jury, on
Dec. 7. The case will be assigned to the
Mercer County Superior Court for trial.
The defendants will be issued complaint-summonses
to appear in Court for arraignment and
bail.

The prosecution is being coordinated by
Deputy Attorney General Anthony Picione
assigned to the Division of Criminal Justice
- Special Prosecutions Bureau. The investigation
was conducted by State Investigator’s
Joseph Caloiaro, Rob Feriozzi, Kiersten
Pentony, New Jersey State Police detectives
Dustin Lesnever, Gerald Nachurski and
Gregory Shawaryn and Analyst Alison Callery
assigned to the Division of Criminal Justice
- Special Prosecutions Bureau. The investigation
was referred to the Division of Criminal
Justice - Special Prosecutions Bureau
by the Department of Community Affairs.

“This
investigation uncovered a fraudulent scheme
headed by a corrupt state employee that
endeavored to steal thousands of dollars
in public dollars from the Homelessness
Prevention Program. The investigation
remains ongoing and will uncover all of
the persons who participated in the alleged
fraud,” said Director McKoy.

A copy of the indictment, Accusation(s),
plea agreement(s), and Waiver of Indictment
is available via the Division of Criminal
Justice Web site at: www.njdcj.org.